The Claimant who worked in a bar walked out of her job after a couple of altercations with the Respondent. She claimed unfair dismissal on her ET1 but it was clear in her witness statement that the Claimant accepted that on the night in question she was told by the Respondent that she had not been dismissed but that she was not to work a night shift again. The Respondent submitted to the EJ that the Claimant had therefore conceded that she was not dismissed and that her ET1 alleged an express dismissal on that date so that her claim must fail. The EJ acceded to that submission and dismissed the claim without hearing any further evidence. The Claimant appealed.

The EAT allowed the appeal, deciding that the EJ had taken an unduly technical approach to the pleadings and not taken sufficient account of the fact that the Claimant was representing herself and the domestic context of the events he was dealing with.